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Lucas Adams

If u get fired do u get unemployment in California EDD?

So I got let go from my warehouse job last Friday and I'm kind of freaking out about money. My manager said I was being terminated for "performance issues" but honestly I never got any formal warnings in writing, it was always just verbal stuff. I didn't quit, they fired me. My question is basically if u get fired do u get unemployment or does getting fired automatically disqualify you? I have a friend who told me you can't collect if you're fired but that doesn't sound right to me. I've been at this job for almost two years and I've never had anything like this happen before so I have no idea how any of this works. Do I even bother applying?

Definitely apply — your friend has it wrong. Getting fired doesn't automatically mean you're out. The way EDD looks at it, they put the burden on your employer to show there was actual misconduct on your part. Performance issues and misconduct aren't the same thing in EDD's eyes. No formal written warnings is actually relevant here.

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Wait so the fact that I never got anything in writing might actually help me? That's kind of a relief. What counts as misconduct then?

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Misconduct is EDD's call to make, not something anyone here can fully define for you. Apply and let the process play out — that's the main thing.

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Exactly what profile 11 said. File the claim, go through the phone interview, tell EDD exactly what happened. That's where you make your case.

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Termination notice from my job came the same week yours did, different industry but same situation — no written warnings, just a "not working out" conversation. Used Claimyr (claimyr.com) to get through to an EDD agent because I could not get anyone on the phone after trying for days. The agent pulled up my claim and told me a phone interview had been scheduled and the date and time were on the DE 4800 notice EDD was mailing me. Here's their video on reaching a live person at EDD: https://youtu.be/JmuwXR7HA10 — worth having before you're stuck on hold.

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I haven't gotten any mail from EDD yet, I just applied yesterday. So there's going to be a phone interview? Is that like an appeal hearing or something?

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The interview and an appeal are two completely different things. The interview happens before any decision — EDD calls both you and your former employer to get both sides of the story. An appeal is only if you get denied and want to fight it.

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Exactly right. The DE 4800 EDD mails you will have the date and time on it. Keep your phone on you at that time because that's when the interviewer phones.

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Apply immediately if you haven't yet. The claim starts from the Sunday of the week you file, so every day you wait is potentially a week you can't get back. You'll need your SSN, the warehouse's full address, your last day, and your wages from the past 18 months or so.

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I actually applied online through myEDD the day after I got fired, so Sunday should be covered. I didn't have all my employer info exactly right though, is that a problem?

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You can update that info. The important thing is you filed. If EDD needs something specific they'll ask. Just make sure the last employer info is as accurate as you can get it.

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Yeah the address thing — I had a small thing wrong on mine and it didn't tank my whole claim. EDD verified the employer info on their end.

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Something I'd add — once EDD processes your application they'll mail you a DE 429Z. That's the document that shows your weekly benefit amount based on your wages. It's not an approval, it's more like here's what your claim could pay. Don't freak out if it feels low, you can look at EDD's Unemployment Benefit Calculator online first to get a ballpark.

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How long does it take to get that DE 429Z in the mail? And the weekly amount is based on what exactly?

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They look at the highest-earning quarter of your base period — basically the strongest three-month stretch in roughly the past 18 months. Processing a new application takes around three weeks before that first payment usually comes through.

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There's also a one-week waiting period on every claim, just so you know. First certification usually covers that unpaid waiting week plus one paid week.

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Can I ask something — do you have to do that CalJOBS thing even when your claim is still being decided? I'm in a similar situation and nobody told me about registering for work there until I was already a couple weeks in.

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EDD sends you a Notice of Requirement to Register for Work — the DE 8405 — and once you get that you have 21 days to register and post a resume on CalJOBS. Missing that deadline can stop your payments, so don't sit on it.

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Okay I got that notice I just hadn't done it yet, I'll get on it today. Thanks for the heads up.

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EDD will tell you if you don't need to register, otherwise assume you do and get it done fast.

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TWO YEARS at a job and they fire you over vague "performance issues" with nothing in writing?? EDD exists for exactly this. Apply, do the interview, don't let them railroad you. I fought a firing last year and ended up getting approved. The whole system is frustrating but you do have rights here.

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How did your phone interview go? Like how long did it take and what kind of questions did they ask?

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Mine was maybe 20 minutes. They asked about my job duties, what led to the termination, whether I had any warnings, what my employer said. Just be honest and specific, don't pad your answers.

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EDD also interviews the employer separately so both sides get heard. They're not just taking your word for it, which is actually fair.

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Quick thing people miss — after you file, you still need to certify every two weeks to actually get paid. You certify in UI Online (or by phone at 1-866-333-4606 using option 2). EDD doesn't automatically send money just because you have a claim open.

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So I have to certify even before EDD decides anything? Like while the phone interview is pending?

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Yes, certify every two weeks regardless. EDD can only pay back weeks that you certified, so if you stop certifying thinking you need to wait for a decision, you can lose those weeks.

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This tripped me up on my first claim. I stopped certifying thinking I had to wait and I lost like two weeks. Don't do that.

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Does fired for performance automatically mean they can get unemployment or could EDD still deny it? I always thought only layoffs were guaranteed.

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Layoffs and firings are both "through no fault of your own" in most cases, but the difference is that with a firing EDD has to decide if what happened was actual misconduct. If EDD decides there was real misconduct, benefits can be denied. If it was just poor performance or personality clashes, that's usually not misconduct. But EDD makes the call, not the employer.

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Okay that makes more sense, I had it backwards in my head. So the employer doesn't just get to say "misconduct" and that's the end of it.

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Right, the employer has to prove it. That's why the phone interview exists — EDD hears both sides.

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Fired from a retail job back in the spring, went through the whole process. Two things I wish someone had told me: keep notes on everything you remember about the termination conversation (dates, who said what) before you forget, and make sure your phone is on and charged at the time listed on the DE 4800. Missing that interview makes everything harder.

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I actually wrote some notes down already because I had a feeling this would matter. Good call on the phone battery thing too, I would have forgotten about that.

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Also write down what your manager said as close to word for word as you can. EDD asked me to describe the specific conversation and I was glad I had notes.

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Can you even appeal if EDD says you don't qualify after the interview? A coworker of mine said once they deny you that's just it.

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Your coworker has that wrong — you absolutely can appeal. If EDD denies you, they mail a Notice of Determination and it comes with an Appeal Form, the DE 1000M. You have 30 calendar days from the mailing date on that notice to file your appeal in writing. After that it goes to an administrative law judge for a hearing.

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Oh good I'll let them know, they just gave up on their claim.

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Also keep certifying during an appeal because EDD can only pay the weeks you certified. If you stop certifying while you're appealing you can lose those weeks permanently.

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My layoff was last month and I'm still waiting on the DE 429Z. Called EDD using Claimyr and an agent confirmed my identity verification through ID.me had cleared and that my application was processing normally. No hold music for forty minutes that time.

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Wait, identity verification is a separate step? I did the ID.me thing when I applied, did I miss something?

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ID.me is built into the myEDD application flow so if you did it during signup you're probably fine. The agent just confirmed mine had gone through on their end, which I hadn't been sure about.

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If EDD can't verify you right away they mail a DE 1326C asking you to verify. If you haven't gotten that letter you're likely good.

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Former HR person here (different industry but the process is the same). When EDD gets your claim they also send your last employer a Notice of Unemployment Insurance Claim Filed — a DE 1101CZ — and the employer has 10 days to respond. If the employer claims misconduct they have to actually explain and back it up. An employer that doesn't respond at all generally loses their chance to appeal EDD's decision.

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So if my former employer just doesn't respond, does that mean I automatically get approved?

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Not automatically — EDD still makes the final decision based on the info it has. But an employer that doesn't respond can't later appeal EDD's ruling, so it limits their options significantly.

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EDD decides from both sides. If only one side responds, EDD works with what it has. That's why doing your interview is so important — it's your chance to give your side.

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Genuine question because I'm about to file: what happens if EDD denies you and you don't appeal within 30 days? Is there any way back after that?

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Filing a late appeal is possible but you'd need to explain why you missed the deadline and EDD would have to accept that reason. It's not guaranteed. That 30-day window from the mailing date on the Notice of Determination is the one you really don't want to miss.

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Got it. I'm going to set a calendar reminder the second that notice arrives.

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Honestly just appeal as soon as you get the denial, don't even wait. Getting the appeal in early gives you more time to gather your documentation.

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Last employer drama aside — make sure you check CalJOBS and your work search activities too. You have to be looking for work every week you certify, that's part of staying eligible.

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EDD's pages don't specify a set number of job contacts you have to make each week, just that you're actively looking. Keep records of where you apply anyway as a habit.

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Yeah I keep a spreadsheet just in case. Never been asked for it but better to have it.

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If taxes are a concern, unemployment benefits count as federal taxable income. You can opt into 10 percent federal withholding each time you certify so you don't get a surprise bill in April. California doesn't tax unemployment, just federal.

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Oh I had no idea about the federal tax thing. So I should probably do the withholding option?

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Up to you and your situation. If you have other income that year it might make sense to withhold. If unemployment is your only income for a while you might be under the threshold anyway. EDD mails a Form 1099G in January showing what you received.

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You can also find the 1099G in UI Online under Payments if you need it before it arrives in the mail.

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Flagging something I see get confused in these threads all the time — the DE 429Z that EDD mails you is not an approval letter. It just shows what your claim could pay. Actual eligibility is a separate determination. Don't assume you're in the clear just because you got that document.

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Okay good to know, I would have definitely assumed that meant I was approved.

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A lot of people do. You'll know the real decision from your payment arriving or from a Notice of Determination in the mail. There isn't an approval letter that EDD sends.

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If EDD denies you, the Notice of Determination is what you get, and that's what has the Appeal Form DE 1000M attached. So getting paid without getting a denial notice basically means you qualified.

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Has anyone dealt with partial week scenarios? Like if someone works a couple days at a temp gig while their regular claim is pending, do they have to report that?

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Report all wages for the week they were earned, not when you get paid. Part-time or temp work doesn't necessarily knock you out — there's a formula where the first $25 or 25 percent of what you made that week (whichever is bigger) doesn't count against you, and the rest gets deducted from your weekly benefit amount. Full-time work for a whole week means you wouldn't get benefits for that week though.

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Makes sense, so just report it and EDD runs the math. I was worried reporting anything would automatically stop payments.

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Exactly, don't not report it thinking you're protecting your benefits. Failing to report is what actually creates problems, potentially an overpayment notice down the road.

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Applied three weeks ago after a firing and my Claim History in UI Online still shows everything as Pending. Got through to an agent using Claimyr after the regular EDD line just kept disconnecting me. The agent told me a phone interview was open on my claim because my employer had flagged the termination as misconduct — the interview date and time were on the DE 4800 that was in the mail. At least I knew what was actually holding things up instead of just staring at Pending for another week.

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Okay that's kind of scary, what do you do when your employer claims misconduct?

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The interviewer hears your side too. I just wrote down everything I remembered about what actually happened and went into the interview prepared to explain my version clearly. EDD makes the decision after hearing both sides.

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The employer claiming misconduct doesn't mean EDD will agree. EDD decides, not the employer. Go into that interview prepared and honest.

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Just a heads up — if money is tight while waiting, unemployment benefits count as proof of income for CalFresh (food stamps). You can apply through BenefitsCal or call 1-877-847-3663 for that. It's not a lot but it helps with groceries while you're waiting on EDD to process everything.

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I hadn't even thought about that option. I'll look into it. Waiting three weeks before the first payment is a rough stretch.

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CalFresh moved a lot faster than EDD in my experience. Worth doing both.

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211 is also good to know about — calling that number connects you to local assistance programs in your area, housing help, food banks, that kind of thing.

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Coming back to the original question — fired claimants do get unemployment regularly in California. The system is designed to pay people who lost their jobs through no fault of their own, and a firing isn't automatically fault. File, do the interview, be honest about what happened. Two years on the job with no written warnings is actually a solid position to be in.

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This whole thread has been genuinely helpful. I feel a lot less panicked. I'll keep certifying and wait for the DE 4800 with the interview date.

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That's exactly the right move. And if you get a denial, 30 days from the mailing date to appeal in writing — don't let that window close on you.

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You got this. Two years of steady work at that place and they let you go over vague verbal stuff? EDD's going to hear your full story.

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